Rule 505: When appeal available

Case Summary

This case was an Application for a Leave to Appeal the Order of Picard J.A. where Costs were ordered against the Plaintiff (Applicant). The Applicant’s Statement of Claim was struck by a Master and a Justice of the Court of Queen’s Bench on the basis that it did not show a cause of action. The Applicant alleged a conspiracy among several organizations and individuals who, it was claimed, were subjecting the Applicant to “crazy-making” techniques that amounted to torture. The Applicant sought an Appeal on the grounds that most of the material was not considered at the Court of Queen’s Bench and that the Order for Costs violated a United Nations Convention against Torture. 

Madam Justice Picard cited DataNet Information Systems, Inc v Belzil, 2011 ABCA 40 and the test arising from that case which governs Applications pursuant to Rule 505(6).

The applicable rule for this form of relief, Rule 505(6), has been interpreted to state that a justice should grant leave to appeal if the issues engage a serious question of general importance, or, absent such a question, if there is a possible error of law, a discretion has been unreasonably exercised, or the initial decision was based on a misapprehension of important facts…

Justice Picard was entirely unconvinced that the Action had any chance of success.  Leave to Appeal was dismissed.

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